A new stone appears in the shoes of French companies, against a backdrop of gloomy economic conditions.
Because if French labor law clearly states that work stoppages due to health do not give the right to paid leave, European law says the opposite.
However, the rigorous Court of Cassation delivered a judgment, on September 13, 2023, to put an end to this contradiction.
She declared that, in accordance with a 2003 European directive, any sick leave now generated rights to paid leave.
But she did not stop there, pronouncing the retroactivity of the measure.
A decision which risks producing cascading effects for French companies.
Employees on sick leave can indeed request from their company the leave due for this reason, but they can also claim these rights to paid leave for their previous work stoppages.
And this, even if the employment contract has ended.
An employer can thus…
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